COUNTY DURHAM Minerals Local Plan Adopted Plan December 2000 County Durham Minerals Local Plan December 2000 Page.... 1 Introduction 1 2 Policy Context 3 3 Minerals Local Plan Strategy 7 4 Resource Considerations 13 5 Environmental Protection 41 6 Site Specific Policies/ 73 Proposals Map Insets Appendices 103 Index 113 County Durham Minerals Local Plan December 2000 1 The County Durham Minerals Local Plan Purpose of the Plan The Development Plan Monitoring and Review Environmental Appraisal County Durham Minerals Local Plan December 2000 INTRODUCTION The County Durham Minerals Local Plan 1.1 The County Durham Minerals Local Plan sets out the detailed local planning policies and proposals that will guide future mineral development within County Durham. It provides the framework for minerals planning throughout the County in the period to 2006. Purpose of the Plan 1.2 County Durham possesses a range of mineral resources, some of which are of regional or national importance. Minerals contribute to the local economy through direct employment and as essential raw materials for industry and for the construction and maintenance of developments such as houses, schools, factories, railways and roads. Their extraction can, however, cause major disturbance to people's living conditions and the wider environment. 1.3 The purpose of the Minerals Local Plan is to strike the most acceptable balance between the requirement for minerals and environmental protection. In doing this it takes account of the need for minerals, the likely impact of working upon different areas and the background provided by national, regional and Structure Plan policy. Detailed policies and allocations are proposed which will provide the framework by which planning applications for mineral working can be assessed, thereby giving a degree of confidence to residents, the industry and other interested parties as to how proposals for minerals working will be assessed in the future. The Minerals Local Plan replaces the minerals element of the existing Magnesian Limestone Escarpment (Minerals and Landscape Restoration) Local Plan. 1.4 The Minerals Local Plan operates within the context for the determination of planning applications as set by the Town and Country Planning Acts. Section 70(2) of the 1990 Act requires the decision maker to have regard to the development plan (of which the Minerals Local Plan forms a part, together with the Structure Plan and other local plans), so far as it is relevant to the application, and to any other material considerations. Where the development plan is material to the proposal, Section 54a requires a planning application to be determined in accordance with the plan, unless material considerations indicate otherwise. The Development Plan 1.5 The Minerals Local Plan, prepared by the County Council, is only one of a number of planning documents which together provide the Development Plan for the County. Other relevant plans are: u the County Durham Structure Plan. This is prepared by the County Council and provides the broad, strategic framework for planning in the County, setting out the overall principles for the Minerals Local Plan and other local plans; u the County Durham Waste Disposal Local Plan. This will be superseded in due course by a new County-wide waste local plan prepared by the County Council; 1 County Durham Minerals Local Plan December 2000 u district wide local plans. These are prepared by District Councils and provide detailed policies and proposals on a district basis for development other than minerals or waste disposal (housing, industry, open space etc); County Durham Minerals Local Plan December 2000 u other adopted plans. Relevant provisions in other adopted plans will remain in force only until such time as they are replaced by local plans as above. 1.6 Taken together these will provide a comprehensive framework for land use planning within the County. Although the Minerals Local Plan will be the most detailed plan in relation to mineral working reference may also have to be made to other parts of the Development Plan. The different parts of the Development Plan should normally be consistent with each other but, in the unlikely event of any conflict, legislation requires that the provisions of the most recently adopted local plan will prevail. Monitoring and review 1.7 The Plan will cover the period up to 2006. Although most of the policies will remain relevant throughout this period, and even beyond, regular monitoring and review will ensure that its provisions remain up to date. Where necessary, formal alterations may be adopted before the end of the Plan period. Environmental appraisal of the Plan 1.8 The policies and proposals of the Minerals Local Plan have been subject to environmental appraisal during their preparation and revised as necessary. The Environmental Appraisals of both the Consultation Draft and Deposit Minerals Local Plan are available on request. 2 County Durham Minerals Local Plan December 2000 2 International Context National and Regional Policy Structure Plan Policy Waste Local Plan District Local Plans 3 County Durham Minerals Local Plan December 2000 POLICY CONTEXT 2.1 The Minerals Local Plan has not been prepared in isolation. It derives from and relates to policies at all levels, including: u international context u national and regional policy u structure plan policy u waste local plan u district local plans. International Context 2.2 The Minerals Local Plan needs to recognise that planning issues are no longer confined to national boundaries. Concern for the environment is now a global issue, especially in relation to matters such as climate change, depletion of non-renewable resources and loss of the ozone layer. These concerns are embodied in the concept of 'sustainability', the interpretation of which in terms of the Plan is outlined as part of its overall strategy (Section 3). Some of the mineral resources within the County, for example high grade dolomite (Policy M18), are of potential national and international importance in terms of their relative scarcity. It is of particular importance that the Minerals Local Plan protects such resources successfully for high-grade uses, and does not allow their extraction for uses for which lower grade material would suffice. 2.3 The greater inter-relationship of world markets could also have implications for the future of mineral extraction in County Durham. The viability of parts of the local minerals industry will increasingly depend upon their being able to compete fairly in international markets, at the same time as maintaining the high environmental standards required of minerals operations within the County. National and Regional Policy 2.4 The national context for planning for minerals is summarised in the white paper 'This Common Inheritance', published in 1990: "Minerals are an important national resource. However, extracting them can be environmentally disruptive; they can only be worked where they are found, and strong conflicts of interest and controversy often arise. The environmental costs of transporting minerals must also be fully considered. Decisions about proposals to work minerals need to strike a careful balance between the interests of amenity and the need to exploit resources. Operators must take account of best environmental practice and aim to be good neighbours. The scope for recycling building materials may also be relevant." 2.5 Specific national minerals planning policy is set out in Minerals Planning Guidance Notes (MPGs), issued by the Department of the Environment, Transport and the Regions, and is guided by the goal of sustainable development (paragraph 3.3). Policies and proposals throughout the Plan have had regard, as appropriate, to national policy guidance. 42 County Durham Minerals Local Plan December 2000 2.6 The government also issues regional planning guidance to provide a framework for the updating of Structure Plans. Regional Planning Guidance for the Northern Region (RPG7) was issued in September 1993 and emphasises a number of issues in relation to minerals planning: u the importance of sustainable development u the need to make adequate provision for mineral working u the need to avoid sterilising significant mineral reserves u the need for an assessment of the environmental impact of proposed working u the importance of high standards of operation and reclamation u the need to minimise the impact from the transport of minerals u the need to encourage recycling of material and the development of alternative aggregate sources. 2.7 A review of Regional Planning Guidance is currently being undertaken. Structure Plan Policy 2.8 The statutory strategic land use policy context for the Minerals Local Plan is provided by the Structure Plan. The Structure Plan for County Durham was adopted on 25 March 1999, and it is upon the policies of that Plan that the Minerals Local Plan is based. 2.9 The focus of the Structure Plan is the need to sustain and improve the County's economy and environment through three main aims: i) to generate and provide for development to meet the social and economic needs of the County's residents in ways which do not compromise the quality of the environment and the quality of life of future generations, in accordance with the principles of sustainability; ii) to create for the people of County Durham the best possible opportunities for work, housing, shopping, education and leisure and for meeting social and community needs, including assisting those within the community with particular disadvantages to improve their quality of life; and iii) to improve and protect the built and natural environment of the County. 2.10 The minerals policies of the Structure Plan are based on the following principles: u protecting the environment and local communities from the adverse impacts of mineral working; u guiding future mineral working to the most appropriate areas where impacts on local communities and the environment can be minimised; u meeting established and recognised needs for minerals where appropriate; u conserving and making the best use of minerals within the wider context of a sustainable approach to natural resources.